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User Agreement THE FOLLOWING DESCRIBES THE TERMS ON WHICH ARTMLS OFFERS YOU ACCESS TO ITS SERVICES. Welcome to ArtMLS Corp.'s User Agreement. This Agreement describes the terms and conditions applicable to your use of all services offered by ArtMLS at ArtMLS.com . It also describes in general terms the principles of our international affiliates. If you have any questions that our User Agreement Frequently Asked Questions at (http://pages.ArtMLS.com/help ) cannot answer, please contact us at Webmaster@ArtMLS.com. Do not assent to this Agreement until you have read and understood all of it. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site, and all such amendments shall be effective, without further notice to and without any further manifestation of assent from you. The only other manner in which this Agreement may amended is a writing signed by you and ArtMLS Corp.

Membership Eligibility.

Our services are available only to individuals and corporations, partnerships, limited liability companies and other legal entities, subject in each case to the requirement that they be able to form sales contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, you may not and please do not attempt to use our services. Further, our services are not available to temporarily or indefinitely suspended ArtMLS members. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully and solely responsible for all activities that occur under your password or account. You agree to (a) immediately notify ArtMLS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ArtMLS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1.

Fees and Services.

There is charge for joining ArtMLS or for selling items through ArtMLS, but not for buying. Our Fees is available at members fees) and is incorporated by reference. We may change our Fees, including the fees for our services at any time and from time to time. All such changes will be effective after we provide at least 14 calendar days' notice of the changes by posting the changes on the announcements board and nowhere else. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing periods) and such changes will be effective when we post the temporary promotional event on the announcements board. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. You understand and agree that the Service is provided "AS-IS" and that ArtMLS Corp. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

ArtMLS is Only a Venue.

a. Overview. Our site acts as the venue for sellers to list items for sale (or, as appropriate, solicit offers to buy) and for buyers to make offers to buy items. We are not party to the purchase and sale transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. b. Safe Trading. Because user authentication on the Internet is difficult, ArtMLS cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. You may also wish to consider using a third party escrow service or services that provide additional user verification c. Release of ArtMLS. Because we are not involved in the actual purchase and sale transactions between buyers and sellers, you hereby release ArtMLS (and our officers, directors, agents, subsidiaries and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, quantifiable and unquantifiable, which may arise at any time in the future out of any transaction which youmay participate in with one or more other users of ArtMLS or which may be in any way connected with any such dispute. If you are a California resident, you waive the benefit of California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." d. Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Offering and Buying.

If you are an offeror and your offer is accepted by the seller or a direct buyer, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. By making an offer with respect to an item you agree to be bound by the conditions of sale included in the item's description (or linked to the description), provided that those conditions of sale are not in violation of this Agreement or unlawful. Offers are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you offer, a clear typographical error is discovered to have been made, or you cannot authenticate the seller's identity.

Members' Conduct.

6.1 Listing Description. Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to our site) that describe the item you wish to offer for sale (or as appropriate, for which are soliciting offers to buy). All listed items must be listed in an appropriate category. You may not offer or promote identical items in more than five listings on our site at any one time. 6.2 Offers. if you receive at least one offer at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the offeror upon the transaction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. 6.3 Fraud. Without limiting any other remedies, ArtMLS may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. 6.4 Manipulation. Neither offerors nor sellers may manipulate the price of any item nor may you interfere with other users' listings or auctions.

The Registration Data.

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ArtMLS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ArtMLS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).You are solely responsible for the Registration Data, and we act as a passive conduit for your online distribution and publication of the Registration Data. With respect to the Registration Data: 7.1 You warrant and represent to ArtMLS that the Registration Data (including all items listed therein): (a) will not be false, inaccurate or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) will not be obscene or contain child pornography; (g) will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) will not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for auction on a web site other than ArtMLS's; or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items list (such list being available at http://pages.ArtMLS.com/help). 7.2 Solely to enable ArtMLS to use the information you supply us with, so that we are not violating any rights you might have in that information, you hereby grant us the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in the Registration Data, in any media now known or not currently known, with respect to the Registration Data. ArtMLS will only use the Registration Data in accordance with our Privacy Policy. 7.3 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service and that ArtMLS is not responsible at all for such Content in any circumstances. ArtMLS does not control the Content posted via the Service and therefore cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ArtMLS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You agree to not use the Service to: a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. impersonate any person or entity, including, but not limited to, an ArtMLS official, forum leader, guide or host [??], or falsely state or otherwise misrepresent your affiliation with any person or entity; f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; J. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; k. "stalk" or otherwise harass another; or 36. collect or store personal data about other users. 37. You acknowledge that ArtMLS does not pre-screen Content, but that ArtMLS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, ArtMLS and its designees shall have the right to remove any Content from the publicly accessible areas of the Service that violates ArtMLS policy or rules, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ArtMLS or submitted to ArtMLS, including without limitation information in ArtMLS and in all other parts of the Service. You acknowledge and agree that ArtMLS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of ArtMLS, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

I accept all the terms and conditions



 

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